Criminal law is there to act as a way of punishing those who have done wrong... to act as deterrent to would be criminals therefore protecting the
public from crime. Law, by its very nature, takes away certain freedoms by imposing a set of rules... which most people accept due to the positive
influence on society.
If someone breaks into your home it is criminal law that defines exactly what crime has been committed and what punishments the burglar should
This, in theory, should then act as a deterrent to the next person who wishes to break into your home.
The law system is extremely complex... you would need years of study to understand the workings of the law and, even then, you would still require law
books as reference!!
It is in its complexity that i feel the law has become lost... I will not pretend to be an expert on law (because i am not) nor will i claim to have
done hours of research into the subject of law... This thread is merely my perception of law mixed with personal experiences and storys in the news.
But this is my point...
The people that make laws, and enforce them, spend years studying! They go to expensive colleges and universities and spend hours reading books on the
subject of law. Often from privileged backgrounds there is no doubt that these people are intelligent, articulate professionals.
However, although their years of studying, and their privileged backgrounds, have given them an understanding of the intricacies of the legal system;
they have lacked one fundamental tool to aid them in the application of law... Experience!!!
How many of these people have lived on a housing estate with drug dealers as neighbours? How many have been beaten and robbed? Or had drunken yobs
follow them home?
These people are often isolated by their money... They live in homes in the most expensive part of town behind iron gates and private security. They
went to schools where the only drugs were the paracetamol kept in the nurses office! Now I’m not saying that they will never experience any form of
crime... but you have to admit that the chances of these people experiencing crime is far less than that of the working class man!
Yet these people are the ones who make and enforce criminal law for the larger percentage of the population who have to experience crime every day!!
Can they do this honestly and fairly when they have no real experience of crime?
I believe they cannot!!
And the reason for this is because i feel that society is fast going down the track of punishing those who defend their property and homes while
offering no real deterent to those who commit crime...
Take this as an example...
A businessman who fought off knife-wielding thugs after his family were threatened has been jailed for 30 months.
The case prompted renewed debate over the level of force that house-holders can use against raiders.
The basic story behind this is that a man and his family were tied up by 3 armed robbers, threatened with knives, and the husband beaten in front of
you can only imagine what was going through his mind... However, at some point during the ordeal, the husband managed to free himself and his brother
and turned the tables... armed with a cricket bat and a metal pole they chased the robbers out of the house and into the street.
Eventually the caught up with one of the men and beat him so badly that he was left with mild brain damage!
OK... am i really supposed to feel sorry for the robber at this point??? This vile scumbag had just broken into a man’s home, threatened to kill his
wife and children, and then beat the man in front of his family... If that was me, i would want to ensure that this criminal would NEVER be able to
visit my family again!!!
Is that really unreasonable?? Considering the ordeal that the man had just been through!!
Even the judge at the trial praised him for his “courage” in defending his wife and three children from an attack!!! And then went on to sentence
him to 30 months in prison!!!
And this is not the only such story... there are many example of people defending their homes against criminals only to then be prosecuted by the
law!!! (The Tony Martin case being the most famous one in England)
A law created by people who have never experienced the nature of crime or the fear and terror of being a victim... People whos very intelligence over
complicates that which should be simple!!
In my opinion these laws, that see people who defend themselves prosecuted, go against the very laws of nature!!
As a father and a husband it is my duty to protect my family whatever the cost... And because i have experienced crime i know that criminals DO visit
the same homes. I have known people who have been burgled, on several occasions, and the police know that it is the same gang responsible every
time... So can you blame people who react in a way that doesn’t correspond to what some oxford educated toff sees as fair and just??
I often wonder if this trend is an accidental one caused by the complexities of the legal system... or if it is a deliberate attempt to undermine
honest, otherwise law-abiding, people!
I myself have been a victim of this warped legal system... punished for defending my wife i now have a criminal record that affects my life...
For a criminal... a criminal record means nothing!! They don’t have to apply for jobs or worry about their reputation... but for me, it’s a
As it stands... the law sucks!!
[edit on 19-4-2010 by Muckster]